Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie defence requirement

Legal area

Court

25 Feb 2026

PESTECH ENGINEERING TECHNOLOGY CHINA CO., LTD PESTECH SDN BHD

Citation

WA-22NCvC-530-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-530-09/2025 (Mahkamah Tinggi)

The Writ and Statement of Claim were validly served and the JIDA was regularly obtained; the Defendant failed to enter appearance within the prescribed period, failed to explain the delay in applying to set aside, and did not disclose a bona fide prima facie defence (the Proposed Defence was a sham); therefore the application to set aside the JIDA was dismissed and costs awarded to the Plaintiff.
21 Nov 2025

MAZIRA BINTI MANAF JOHARI MUHAMMAD ABDUL HAFIDZ BIN ZAINUDDIN

Citation

BD-A52-9-11/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BD-A52-9-11/2024 (Mahkamah Sesyen)

Default judgment was regularly obtained because substituted service was properly effected; defendant filed the set‑aside application seven months after the JID without a reasonable excuse and well beyond the 30‑day period; defendant failed to demonstrate any prima facie meritorious defence (alleged time‑bar, duress and jurisdictional arguments were unsubstantiated); consequently the application to set aside is dismissed and the default judgment is upheld.